LIBERTYPAY ("LP") MONEY TRANSFER SERVICES ARE PROVIDED BY TIAGN I, INC. ("TIAGN”) AND ARE TO THESE TERMS AND CONDITIONS ("AGREEMENT”) AND APPLICABLE LAW.
Service and funds availability depends on certain factors including the Service selected, the selection of delayed delivery options, special terms applicable to each Service, amount sent, destination county, currency availability, regulatory issues, consumer protection issues, identification requirements, delivery restrictions, agent location hours, and differences in time zones (collectively, "Restrictions"). The designated recipient ("Receiver”) may generally receive funds sent by LP consumer ("You”) at the Expected Payout Method. Expected Payout Method generally means any available Agent location or bank option in the destination country You identify. Receiver will normally receive funds sent by You in cash, check, bank deposit, or a combination thereof; with some Services, funds may be credited to a bank, prepaid or credit card, mobile wallet or similar account. Receiver may be able to elect a payout method that differs from the payout method You specify; You authorize LP to honor Receiver’s election of payout method. Receivers who elect a different payout method than you did may incur additional fees to access funds. Certain countries and/or jurisdictions may impose a tax, fee and/or tariff on Receiver’s receipt of, or access to, transferred funds. Transactions: (i) which exceed certain amounts; (ii) to certain destinations; (iii) that implicate certain regulatory issues or consumer protection issues; or (iv) sent through delayed options may take longer, be subject to dollar limits or be subject to additional Restrictions. Transactions may be reported to applicable authorities. Messaging and notification services may be included for additional fees. In some destinations Receiver may be required to provide identification, a test question answer, or both to receive funds in cash. Test questions are not an additional security feature and cannot be used to time or delay the payment of a transaction and are prohibited in certain countries. LIBERTYPAY RELIES ON THE INFORMATION YOU PROVIDE US TO SEND MONEY. PLEASE REVIEW ALL TRANSACTION DETAILS FOR ACCURACY BEFORE CONTINUING YOUR TRANSACTION.
Transactions not picked up or canceled by You within one year of the send date will be assessed a non-refundable administration charge of up to fifty cents per month from the send date, not to exceed forty-two dollars, which will be deducted from the amount sent (or where such charge exceeds the maximum amount permitted by law, the maximum amount permitted by law).
Subject to applicable law (i) transfers may be canceled for a refund of the amount, unless the funds have been picked up or deposited at the time LibertyPay receives Your written request (ii) for certain services, excluding LibertyPay's bill payment and prepaid a a and services, LibertyPay may provide a transfer fee refund if a as are not available within the specified timeframe; and (iii) LibertyPay may charge You a fee to refund the principal amount back to You in those instances where Receiver rejects Your funds. Notwithstanding the foregoing, and subject to applicable law, international transfers may be cancelled for a full refund of principal and fees paid within 30 minutes of payment, unless the funds have been picked up or deposited. You may also receive a full refund in certain circumstances if you successfully assert an error or as otherwise provided under applicable law. The following provision applies only to transactions from California: RIGHT TO REFUND: “You, the customer are entitled to a refund of the money to be transmitted as the result of this agreement if LibertyPay does not forward the money received from You within 10 days of the date of its receipt, or does not given instructions committing an equivalent amount of money to the person designated by You within 10 days of the date of the receipt of the funds from You unless otherwise instructed by You. If Your instructions as to when the moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted You have a right to a refund of Your money. If You want a refund, you must mail or deliver Your written request to LibertyPay at 336 Boylston St Boston, MA 02116. If You do not receive Your refund, You may be entitled to Your money back plus a penalty of up to $1,000 and attorney’s fees pursuant to Section 2102 of the California Financial Code.”
RESOLUTION Of DISPUTES
Unless You opt out as set forth below, any dispute arising from or relating to this transaction shall be resolved by final and binding arbitration. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Tiagn agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to tiagn shall be sent to [email protected] You and Tiagn further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Boston, Massachusetts; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that the state or federal courts in Boston, Massachusetts have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of the State of Massachusetts and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND TIAGN WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING. You will be responsible for up to $125 of the administration fees. LibertyPay may reduce this amount if you demonstrate hardship. You may opt out of arbitration within 30 days after initiating a transaction by emailing [email protected] IF YOU DO NOT OPT OUT, YOU WILL WAIVE ANY RIGHT TO A TRIAL BY JURY OR JUDGE IN COURT AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL LIBERTYPAY BE LIABLE FOR DAMAGES WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM $500 (in addition to refunding the transaction amount and the transfer fee and except as provided in California Financial Code § 2102(c)), UNLESS YOU HAVE OBTAINED A HIGHER LIABILITY LIMIT BY CALLING THE CUSTOMER SERVICE NUMBER (855) 729-6727 AND PAYING AN ADDITIONAL FEE. IN NO EVENT SHALL LIBERTYPAY OR ITS AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR THE LIKE.
CURRENCY EXCHANGE, INTERNATIONAL SERVICES
In addition to the transfer fees applicable to this transaction, a currency exchange rate will be applied. United States currency is converted to foreign currency at an exchange rate set by LibertyPay unless the laws of Expected Payout Method do not permit LibertyPay to set an exchange rate. Any difference between the rate given to You and the rate received LibertyPay will be kept by LibertyPay (and its Agents in some in some cases) in addition to the transfer fees. Subject to applicable law, the actual or estimated currency exchange rate applicable to Your transaction will be provided to You on the written disclosures provided to You by LibertyPay in connection with Your transaction. Payouts will generally be made in the national currency of the Expected Payout Method. In some countries, You may designate a payout currency other than the Loral Currency; however; the alternate currency You choose may not be available for all Expected Payout Methods. LibertyPay is not responsible for the exchange rate that will be applied if Receiver chooses to receive a currency other than the currency You selected.
SPECIAL TERMS FOR TRANSFERS TO BANK ACCOUNTS, CARDS, OR MOBILE WALLETS
Where available, LibertyPay may allow You to credit the bank account ("Bank Account"), prepaid or credit card ("Cards"), mobile wallet ("MWallet”) or similar account of Receiver (collectively, "Accounts"). The Account provider may impose additional fees on Receiver for receiving the funds into an Account. Unless required by applicable law, LibertyPay accepts no responsibility to You nor to any Account holder, for any fees imposed on Receiver by the Account provider. If the currency You select to send to an Account is not the currency in which the Account is denominated, the Account provider may convert the funds at its own currency exchange rate or reject the transfer. Receiver's agreement with the Account provider governs Receivers rights, liabilities and fees (including fees to transfer cash out of a Card or MWallet), and the Account provider may impose its own restrictions regarding funds availability, limits that may be transferred to or held in Accounts, hours of operations, holidays or other limitations. LibertyPay is not responsible for Receiver bank accounts that are closed, frozen, or otherwise disrupted. In most cases, Receiver must be enrolled in a Card or MWallet program in order to receive a transfer. LibertyPay may make money from fees associated with use of a Card or MWallet. Neither LibertyPay, nor its Agents, endorse or recommend the services of a Bank Account, Card or MWallet provider. IMPORTANT NOTICE FOR TO BANK ACCOUNTS: PLEASE MAKE SURE THE ACCOUNT NUMBER, BANK DETAILS, AND CURRENCY SELECTED ARE CORRECT BEFORE SENDING. IF THE ACCOUNT NUMBER OR BANK DETAILS ARE INCORRECT, MONEY MAY BE SENT TO THE WRONG BANK ACCOUNT AND MAY NOT BE RECOVERED. IMPORTANT NOTICE FOR TRANSFERS TO CARDS & MWALLETS: PLEASE MAKE SURE THE CARD OR MOBILE PHONE NUMBER IS CORRECT BEFORE SENDING. OTHERWISE, MONEY MAY BE SENT TO THE WRONG CARD OR MWALLET AND MAY NOT BE RECOVERED SUBJECT TO APPLICABLE LAW.
This Agreement, together with all items incorporated by reference, embodies the entire understanding among the parties. It supersedes all prior understanding and cannot be modified orally. LibertyPay has Agreement to any party, at any time without Your consent. This Agreement is by Massachusetts law without regard to conflicts of law rules. If an agreement provision is found invalid, remaining provisions shall be valid. Services are directed solely to persons 18 and over. The English language version controls if there is an inconsistency between English and non-English Agreement versions. You and Receiver represent that Your use of Services does not violate: (a) law, including, without limit, laws relating to money laundering, illegal gambling activities, support for terrorist activities or fraud; and/or (b) this Agreement. Information provided to LibertyPay shall be truthful and complete. You shall indemnify LibertyPay and its Agents for all losses of any kind (including attorney fees) arising out of any Agreement breach by You or Receiver. LibertyPay reserves the right to change Services without notice. LibertyPay and its Agents may refuse to provide Services to any person.
LIBERTYPAY PRIVACY POLICIES
LibertyPay may disclose Your personal information to third parties as explained in the LibertyPay Privacy Statement (LP); to obtain a copy, ask Your Agent, visit libertypay.com (LP), or call (855) 729-6727. Information disclosed may include Your financial background, Your contact information, Your identification, information about Your transactions with us and other information relating to financial matters. Recipients may include financial institutions, retailers, our service providers, government agencies and direct marketers. You may direct us to limit certain disclosures of Your information to some of these parties. Your choice to limit certain disclosures will apply until You tell us to change Your choice or we delete Your data from our systems. To limit disclosures of Your information (opt out), call (855) 729-6727.
CONSUMER FRAUD AIM PROTECT YOURSELF. BE CAREFUL WHEN A STRANGER ASKS YOU TO SEND MONEY, ESPECIALLY FOR INTERNET AUCTIONS, NEWSPAPER OR TELEPHONE OFFERS
LibertyPay does not guarantee delivery or suitability of goods or services paid for with Services. LibertyPay is not an escrow service provider. Customer and Receiver agree not to use Services for escrow purposes.
Last updated: September 30, 2016
This E-Sign Disclosure and Consent (“Disclosure”) applies to all Communications for those products, services and Accounts offered or accessible through LibertyPay that are not otherwise governed by the terms and conditions of an electronic disclosure and consent.
The words “we,” “us,” and “our” refer to the entity with whom you have your Account, and the words “you” and “your” mean you, the individual(s) or entity identified on the Account(s). As used in the Disclosure, “Account” means the account you have with us. “Communication” means any customer agreements or amendments thereto disclosures, notices, transaction history, privacy policies and all other information related to the product, service or Account, including but not limited to information that we are required by law to provide to you in writing.
Scope of Communications to Be Provided in Electronic Form
- All legal and regulatory disclosures and communications associated with the Account or the product or service.
- Notices or disclosures about a change in the terms of your Account or associated payment feature and responses to claims.
- Privacy policies and notices.
- Periodic billing or account statements for your Account(s) or such other Communications that we may include from time to time as part of the enrollment in the e-Statements program (“e-Statements”).
Method of Providing Communications to You in Electronic Form
All Communications that we provide to you in electronic form will be provided either (1) via e-mail, (2) by access to a website that we will designate in an e-mail notice we send to you at the time the information is available, (3) to the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose, or (4) by requesting you download a PDF file containing the Communication.
How to Withdraw Consent
You may withdraw your consent to receive Communications in electronic form by emailing us at [email protected] or by calling us at (855) 729-6727. At our option, we may treat your provision of an invalid e-mail address, or the subsequent malfunction of a previously valid email address, as a withdrawal of your consent to receive electronic Communications. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications; however your access and use of our service may be terminated. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.
How to Update Your Records
It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to the Disclosure and your Account(s), and to maintain and update promptly any changes in this information. You can update information (such as your email address) by emailing us at [email protected] or by calling us at (855) 729-6727.
Hardware and Software Requirements
In order to access, view, and retain electronic Communications that we make available to you, you must have:
- Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit;
- An e-mail account with an Internet service provider and e-mail software in order to participate in our electronic Communications programs;
- A personal computer or mobile phone, operating system, and browser and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us in electronic form via a plain text-formatted e-mail or by access to our web site using one of the browsers specified below.
Requesting Paper Copies
We will not send you a paper copy of any Communication which is available electronically from LibertyPay, unless you request it, or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, you may email us at [email protected] or call us at (855) 729-6727. We may charge you a reasonable service charge, of which we have provided you prior notice, for the delivery of paper copies of any Communication provided to you electronically pursuant to this authorization. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.
Communications in Writing
All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Disclosure and any other Communication that is important to you.
You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
Termination / Changes
We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.